Moving out of the Country for work (not a permanent move)

[LaL 418]

My husband's work has placed him on a "short list" for a 5 year project in Vancouver BC. He received his 10 year greencard in May. I did a search and found some interesting information, but thought I would just check with the community for any additional experience with this. Naturally we want to maintain his PR here as we would return, thus my concern . Thanks for any help!

[payxibka 10,047]

If push comes to shove you live in Bellingham, WA and he crosses the border for work each day....

[LaL 418]

If push comes to shove you live in Bellingham, WA and he crosses the border for work each day....

Yep - that might be a good idea, depending on where the office is.

ETA - I had forgotten to mention that my husband is a citizen of Canada (and I am not).

Edited August 8, 2008 by LaL

[raymaga 25]

Too bad he couldn't wait until he gets his US citizenship. Then he can leave and return to the US whenever he wants.

How are you (the U.S. citizen) going to go with him? I ask this question because me (Canadian citizen) and my husband (U.S. citizen) would love to move back to Canada sometime in the future. I will be a U.S. citizen soon, my interview is in 2 weeks.

Will you be able to accompany him right at the start of his return to Canada?

[pushbrk 13,117]

If push comes to shove you live in Bellingham, WA and he crosses the border for work each day....

Yep - that might be a good idea, depending on where the office is.

ETA - I had forgotten to mention that my husband is a citizen of Canada (and I am not).

Becoming a USC would do nicely or just file DCF when you're ready to return to the US. A border town situation would certainly work if that were the case. Bellingham is a haul from Vancouver though and the crossing can take a while.

Living in Canada and maintaining LPR status has at best, a slim chance of working out.

[LaL 418]

Too bad he couldn't wait until he gets his US citizenship. Then he can leave and return to the US whenever he wants.

How are you (the U.S. citizen) going to go with him? I ask this question because me (Canadian citizen) and my husband (U.S. citizen) would love to move back to Canada sometime in the future. I will be a U.S. citizen soon, my interview is in 2 weeks.

Will you be able to accompany him right at the start of his return to Canada?

My husband isnt eligible to apply for citizenship for another 3 years. Either we will personally apply here for a visa for me (provided they give enough advance time), or his company will sponsor me as an employee of sorts. I really am unfamiliar with Canadian immigration - although my husband immigrated there (him under a different category though).

DCF might be the way we have to go. Certainly isn't a terrible option I suppose.

I did read the following post - which is pretty clear:

Please read the following page for information on your rights and responsibilities now that you are a Permanent Resident, including travel limitations:

Now That You Are A Permanent Resident

The 6 months is actually tied to the naturalization 'test' as well. Permanent Residents may be outside of the US for ONE YEAR without a re-entry permit. From the link above:

Maintaining Permanent Residence

<snip>

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a "nonimmigrant" on your tax returns.

Edited August 8, 2008 by LaL

[1HappyGuy 45]

I would recommend that you contact the State Department at www.state.gov/ with any questions. You have two different situations that need to be addressed. One is the effect on a permanent resident working out of the country for an extended time and the other is a citizen living out of the country for an extended time.

There are also tax considerations to be understood regarding periods of absence and exclusion of income for qualified work. Take your time to research each subject carefully. You can order publications about working out of the country at the IRS web site.

[LaL 418]

I would recommend that you contact the State Department at www.state.gov/ with any questions. You have two different situations that need to be addressed. One is the effect on a permanent resident working out of the country for an extended time and the other is a citizen living out of the country for an extended time.

There are also tax considerations to be understood regarding periods of absence and exclusion of income for qualified work. Take your time to research each subject carefully. You can order publications about working out of the country at the IRS web site.

Indeed - that tax situation as I currently understand it does not thrill me. Thanks for the suggestions - will look into that further!

[NArocks 13]

Oh My gosh Lal I hope it all works out and you do not have to or find the need to re apply as it took you over 1000 days just to get the K1 and then the card. Your husband should have already been a citizen in my book that is for sure. Good Luck with the choice you have to make.

Edited August 8, 2008 by NArocks

[LaL 418]

Oh My gosh Lal I hope it all works out and you do not have to or find the need to re apply as it took you over 1000 days just to get the K1 and then the card. Your husband should have already been a citizen in my book that is for sure. Good Luck with the choice you have to make.

Eep I know - we hope the same, but with the new regulations, one can hope it wouldn't take another 1000 days

[Boiler 46,119]

If he is being sent by his US Employer there are options, best to talk to the Companies Immigration Lawyer.

[diadromous mermaid 36]

My husband's work has placed him on a "short list" for a 5 year project in Vancouver BC. He received his 10 year greencard in May. I did a search and found some interesting information, but thought I would just check with the community for any additional experience with this. Naturally we want to maintain his PR here as we would return, thus my concern . Thanks for any help!

Overseas employment

Employment abroad is the most common reason that LPRs are absent from the U.S. for an extended period. A written statement from the employer, or an employment contract identifying the length and term of the overseas job, will help provide objective facts for the analysis with regard to the LPR's intention to retain his/her permanent resident status. In addition, if possible, a statement that the LPR will be transferred back to the U.S. after the completion of the overseas employment will be very helpful.

from, http://www.hooyou.com/i-485/MaintainlegalPRS.html

The test used to determine whether permanent resident status has been abandoned is : 'Whether the alien is returning toan unrelinquished lawful permanent residence in the U.S. after a temporary absence abroad'. This requires less than a permanent dwelling place in the U.S. , but more than mere desire to retain permanent resident status. The permanent resident's intention must be for the absence from the U.S. to be only temporary, there must be evidence documenting this intent. A 'totality of the circumstances' analysis is used by Immigration to determine whether a permanent resident has 'abandoned' permanent resident status and no longer has an intent to be only 'temporarily absent'. Factors that are considered include: close family ties in the U.S. ; property holdings in the U.S. ; whether the employer is a U.S. company; the reason for the absence; duration of the absence; business affiliations in the U.S. and abroad. The 'burden of proof' is on the government to prove abandonment of lawful permanent resident status by clear, unequivocal and convincing evidence.

An immigration officer reviewing the case must be convinced that the absence from the U.S. is temporary and the permanent resident has the intent to return to the U.S. upon completion of the assignment abroad.

from, http://quanlaw.com/ls_presidency.asp

Reentry permits ~ The USCIS will grant an individual two (2) Reentry Permits, allowing him to work for his company abroad and still maintain Legal Permanent Resident status. Yet, after two (2) Reentry Permits the process of obtaining a third is made difficult by the USCIS questioning whether the individual is going to reside in the United States in the future. The burden of proof shifts to the individual to prove that he has the intent to return and reside in the United States, as well as to show sufficient ties to the U.S. to satisfy the USCIS.

[LaL 418]

Thanks DM!

[Krikit 1,165]

Wow. That is awesome, LaL. Vancouver is fabulous. If someone even whispered moving there I'd have my bags packed before they could finish the sentence. You may want to consider the NEXUS program as there is a crossing in Blaine. This gives him access to a special lane at the border so he doesn't have to wait in line with the regular traffic. Blaine to Vancouver is less than an hour's commute. Good luck!

[Cdn_Ali 11]

I agree with Krikit - get a NEXUS card and live on the US side of the border. I think another VJ member (LindaB) lives in Bellingham and commutes to her job in Vancouver.